Recent Florida News
Why medical malpractice awards are on the rise
After going more than a decade without medical liability insurance premiums being a hot topic among physicians, the subject is popping up in conversation once again. Premiums have been rising in some states for a few years now and an AMA report released in...
DeSantis vetoed a medical malpractice bill. The Florida House is pushing it again
Romy Ellenbogen The House is fast-tracking a medical malpractice bill ahead of the 2026 legislative session that’s identical to one Gov. Ron DeSantis vetoed earlier this year. On Wednesday, the House Judiciary Committee approved a bill that would allow more people in...
June 2025 Newsletter
Push to rein in liability payouts stalls in Texas An opportunity to protect patient access to care slipped through the cracks in the Texas Legislature this session, leaving the state’s health care and legal systems vulnerable to medical lawsuit abuse. As reported by...
Current Medical Liability Laws
| Damage Caps | None. $500,000 damage cap overturned, North Broward Hosp. Dist. V. Kalitan, 219 So.3d 49 (Fla. 2017). |
| Joint Liability Reform | Yes. Defendants are responsible only for their proportionate share of negligence. |
| Collateral Source Reform | Yes. The court must reduce damages by the amounts paid to the claimant from collateral sources. If a right of subrogation exists, there is no reduction in damages. Benefits received by the government sources are not considered collateral benefits. |
| Attorney Fees Limited | Patients receive 70% of the first $250,000 awarded and 90% of the remainder of the award. Attorneys will still get payment for court and witness expenses. Patients may waive contingency fee limits. |
| Periodic Payments Permitted | Yes. For future economic awards exceeding $250,000, the court must order periodic payments at the request of any party unless the court determines that manifest injustice would result to any party. |